The Trademark Blog: Get The Knack Of Copyright Statute of Limitations

Trademark Blog EWeek Mac World MTV News Rolling Stone VH1 I have been sitting on this one for a while. I remember Run-DMC from way back in the day, along with others from the Queens hip hop scene. And in 1985, I was one of those kids in flyover country wearing parachute pants getting down [...]

Glover v. Austin – TLC suit

Glover v. Austin, 447 F.Supp.2d 357, 2006 U.S.Dist.LEXIS 62923 (S.D.N.Y. 2006). TLC prevailed in their suit that claimed the TLC song “Unpretty” infringed the copyright to the plaintiff’s song “Make Up Your Mind.” Evidence showed that TLC recorded their song three weeks before the plaintiffs. The plaintiffs expert also failed to establish the required “striking [...]

Capitol Records v. Foster: RIAA case dismissed

Capitol Records v. Foster is another case against a monther who was sued by RIAA for haivng paid for internet access. The court dismissed this one with prejudice and awarded attorneys fees for the defendant.  The defendant’s answer to the original claim is a good read, as is the order dismissing the case. See original [...]

Virgin Records v. Marson: RIAA case dismissed due to lack of evidence

See the write-up here. After 6 months of litigation, RIAA dropped the case because they could not meet the evidenciary standard for scientific evidence. Basically they claimed she paid for the internet and word the computer where they found the shared files folder. The defendant claimed that many others had access to her computer, others [...]

MGM, Inc. v. Grokster, Ltd. – summary judgment against Streamcast

The district court granted plaintiff’s motion for summary judgment Wednesday in MGM v. Grokster decision. EFF has a PDF of the decision on its site. In light of the U.S. Supreme Court’s decision, all other parties had settled except for Streamcast. Accordingly, this opinion concern’s only Streamcast as defendant. The Court’s Conclusion: For the foregoing reasons, [...]

eBay, Inc. v. Savani, et al.

The Plaintiffs’ Lawyer Blogpoints out that eBay has filed a lawsuit in against the company running an auction site at http://www.worldauctions.com/, alleging 13 counts of trademark infringement. The lawsuit was brought because, apparently, the cease and desist letter to the owner of World Auctions, who apparently includes a nephew of Pakistan’s president, was not only [...]

Jerry Gossett v. Republican National Committee

Remember the 2004 Bush reelection stickers on the back of all the Chevy Suburbans, oval with a W with an american flag waving from one of the uprights of the letter? Jerry Gossett claims he pitched the Republican National Committee with a very, very similar design and was rebuked. He is seeking $100 million in damages for [...]

National Conference of Bar Examiners v. Multistate Legal Studies, Inc. – PMBR hit with $12 million in damages for violating copyright

See Here, or Here, or Here.  U.S. District Judge John P. Fullam ruled against Multistate Legal Studies Inc. (a.k.a. Preliminary Multistate Bar Review (PMBR)) and ordered it pay nearly $12 million in damages to the National Conference of Bar Examiners for copying questions from the Multistate Bar Examination. PMBR sent people to take the Multistate [...]